A business may identify its products and services with a word alone or with a logo as well. The name and the graphic logo can be registered separately as two distinct trademarks.
A trademark can be registered as: – a word trademark, protecting a name or word – a figurative trademark, protecting a logo – a combined trademark, protecting both the word (the name) and the image (the logo)
The drawback of a combined trademark is that the word element (the name) enjoys slightly weaker protection than it would under a pure word mark. In a dispute involving a combined mark, the assessment considers not only whether another party uses the same name or word, but also, to some extent, whether they use it together with a figurative element. Even where the logo or image differs, whoever registered the trademark or used the sign first takes priority and holds the stronger right.
Choosing the Right Type of Trademark
When registering a trademark, one of the first decisions is what form the mark should take. Should you register the name, the logo or both together? The answer depends on how you use your brand, your budget and your plans for the future. Making the right choice at the start helps you get the strongest protection for your investment.
Word Marks
A word mark protects a name or phrase regardless of how it is written, so it covers the word in any font, colour or style. For many businesses, this is the most flexible form of protection, because it continues to apply even if the logo is redesigned. It is often the best starting point when the name itself is distinctive.
Figurative Marks
A figurative mark protects a logo or graphic element. This is useful when the visual identity is a key part of the brand or when the logo is used without the name. It can also be helpful where the name itself is not distinctive enough to be registered as a word mark, but the stylised presentation is.
Combined Marks
A combined mark protects the name and logo together as they appear. This can be a cost-effective way of covering both elements in a single application, but protection relates to the overall impression of the combination. If you later change the logo significantly, the registration may no longer reflect how you use the brand.
How to Decide
- Is the name distinctive in its own right?
- Is the logo likely to change in the next few years?
- Do you use the logo on its own, without the name?
- Which element would competitors be most likely to copy?
- What budget is available for registrations in each country?
Protecting Both Separately
Many businesses ultimately register the name as a word mark and the logo as a separate figurative mark. This provides the broadest protection and flexibility, although it involves more than one application.
If you are unsure which type of trademark best suits your brand, contact eTuls. We will help you assess your options and file the applications that give you the right level of protection.
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